CLAIM FOR WRONGFUL SEIZURE

Dominion, Volume 11, Issue 208, 22 May 1918, Page 8

CLAIM FOR WRONGFUL SEIZURE

DAMAGES AWARDED A HOKSEOWNEB. A complicated case, 5n which John Mann, racehorse owner and trainer, claimed from Jesse Tanner the sum of .£SBO damages for the wrongful seizure of tho racehorses Mystified mid Goldbearing and a number of stock, has occupied the attention of the Palmerston North Supreme Court for the past two days. The statement il claim set forth thnt on April 50, 1916, the plaintiff assigned, by way of mortgage, k> tho defendant, to eeeiiro repayment of ,£IOO and interest, certain stock. That on or about January i, 1917, the defendant, without giving any previous notice or making ajiy demau.l for payment of principal or interest,' unlawfully, entered upon tho premises of tho plaintiff at Woodville and unlawfully took possession of the two horses Mystified and Goldbearinpr, and wrongfully removed tho same, That on the dato of the seizure and removal on January I, 1917, there was secured tho 6iim of JEIO7 11s. id., including principal and interest. That on or about January \ the defendant unlawfully sold the horses to Spencer Vincent Rodney, of Pahiatua, for JJ2IO, and delivered the samo to S. V. Kodney. That on January 19, 1917, notwithstanding tho sale of the horses for ,£2lO, tho defendant again unlawfully entered upon the premises of plaintiff at Woodvillo and seized two cows and a heifer. Thai the. defendant subsequently sold the cows for sums aggregating £il, and appropriated this and the balance of the prooeeds'of the sale of the horses to payment of certain unsecured debts alleged to be due by plaintiff to the defendant. That the sale- of the horses and cows was at a gross \mdervajue, the horses at the time of the sale being worth ,£SOO and the cows .£SO. The plaintiff claimed judgment for ,£250, for damages for the dift'eronco botweou the value of the stook sold and the prices at which defendant sold them, .£2O in respect of the seizure and retention of tho heifer, or in tho alternative her return; and J3250 for general damages for wrongful entry and wrongful eeizuro and sale of the horses and cows. A Press Association message received last night states that the ]ury awarded tho plaintiff JIOO.